Sears v. City of Philadelphia

LORD, J.,

Before the court is defendant’s, City of Philadelphia, (hereinafter city) motion for judgment on the pleadings in a trespass action. The city contends it is immune from suit in the circumstances of this case and relies on the Political Subdivision Tort Claims Act. 42 Pa. C.S. §§8541 & 8542. The court agrees with the city’s contention that the city is immune from liability under the circumstances of this case. See Close v. Voorhees, 65 Pa. Commw. 205, 446 A.2d 728 (1982).

Plaintiff’s claim arises from the fatal stabbing of Steven Sears on a city playground. The complaint alleges that…